Federal Court of Australia
Federal Court of Australia
Simatis v Walgenup Aboriginal Corporation (No 2) [2023] FCA 607 File number: WAD 271 of 2022
Judgment of: COLVIN J
Date of judgment: 9 June 2023
Catchwords: COSTS - application for costs where plaintiff had no real evidence to support statutory demand issued - where plaintiff's commencement of the proceedings and opposition to the application of the defendant for leave were unreasonable - where no settlement or supervening event - plaintiff ordered to bear the costs of the proceedings
Cases cited: Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Simatis v Walgenup Aboriginal Corporation [2023] FCA 357 Taylor v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1760 Travaglini v Raccuia [2012] FCA 620
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 16
Date of hearing: 6 June 2023
Counsel for the Plaintiff: Mr D Banda with Mr T A Coltrona
Solicitor for the Plaintiff: Bennett
Counsel for the Defendant: Mr PG Donovan with Ms CD Radenti
Solicitor for the Defendant: MDS Legal
ORDERS WAD 271 of 2022
BETWEEN: GEORGE SIMATIS Plaintiff
AND: WALGENUP ABORIGINAL CORPORATION (ICN 849) Defendant
order made by: COLVIN J DATE OF ORDER: 9 June 2023
THE COURT ORDERS THAT:
1. The plaintiff pay the costs of and incidental to the proceeding to be assessed by a registrar if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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